Updated September 2026
Mexico is an E-2 treaty country, which means Mexican citizens qualify for the E-2 treaty investor visa. If you are a Mexican national who wants to invest in and run a business in the United States, the E-2 is very likely the right path for you. This guide walks through who qualifies, how the investment works, how many employees you need, and what to expect when you apply from Mexico. It is based on a webinar with Angie Rupert of Rupert Law and Marianella of Joorney Business Plans (you can watch the full recording above).
Yes. The first requirement for any E-2 visa is that you are a national of a treaty country, and Mexico is one of them. To qualify, a Mexican applicant must:
The full list of criteria is explained on our E-2 visa requirements page. The sections below cover the questions Mexican applicants ask most.
There is no fixed statutory minimum. The investment must be “substantial,” meaning proportional to the cost of the specific business. A capital-heavy business (say, manufacturing) might require several million dollars; a service business in a lower-cost state might only require around $100,000. As a practical planning guideline, most successful E-2 cases involve at least roughly $100,000 to $150,000; $30,000 to $40,000 is generally too low. This is a guideline based on experience, not a legal threshold.
Your money must be at risk and irrevocably committed by the time of your interview. In plain terms, it needs to already be spent, with receipts and bank statements to prove it. Parking $200,000 in a US account and spending only part of it will not pass. Signing contracts that pay vendors “once I get my E-2” generally does not count either. One common exception: a genuine escrow account plus a purchase agreement stating that the funds release the moment the visa is approved.
The funds must be in your possession and control and must come from a lawful source, documented with bank statements and wire records. Acceptable sources include personal savings, proceeds from selling property, a line of credit or loan secured by your home or other personal assets, an inheritance, or a gift. Loans are allowed only if they are secured by your personal income or assets, never by the US business itself. You also cannot inherit a business and count that as your investment.
Immigration wants to see a real, active business that provides a genuine good or service, not a passive or speculative investment. Contracts with suppliers help, and contracts showing you are already serving clients help even more. This is why passive real estate usually does not work: buying property is an investment, but it is not, by itself, a business. Real estate can support an E-2 only when it is structured as an active business, for example renovation, remodeling services, or managing properties for others. Read more on real estate businesses for the E-2 visa.
The enterprise cannot be marginal. Immigration wants to see meaningful income, taxes paid, and jobs created, particularly for US workers. For a new business, the business plan is what proves this, with five-year projections for revenue, profits, and hiring, written specifically for immigration purposes rather than for a bank or an investor.
There is no fixed number. As a practical benchmark, have at least one US citizen or green card holder employed at the time of filing. Over five years, headcount depends on the business: a services firm might reach five or six employees, while a manufacturing plant would need far more. What matters is a credible year-by-year hiring plan that matches the type of business.
You must be able to develop and direct the business, which generally means owning at least 50 percent (ideally 51 percent). If you are investing with others, see our page on E-2 visas with business partners. The E-2 does not apply the same strict background scrutiny as the H-1B or O-1 visas; you need transferable skills rather than exact-industry experience.
At a high level: put your investment fully in place, document the lawful source of funds, prepare an immigration-focused business plan, and present the complete case at your interview at the US consulate. Most Mexican applicants work with an attorney to source funds, structure ownership, and assemble evidence before filing. Our guide to what you need to know about the E-2 visa interview covers the final step.
On fees, Mexican nationals can choose an E-2 visa with no reciprocity fee that is valid for 12 months, or one with a $186 reciprocity fee that is valid for 48 months. Either way you also pay the $315 E-visa application fee per applicant, plus the $250 Visa Integrity Fee where the consular post is collecting it. Rupert Law works with Mexican clients in both English and Spanish.
To reach a $100,000 investment when a service business has few upfront costs, list every expense you expect over the first 18 months, then choose reasonable upgrades: a $1,500 office instead of a $1,000 one, higher-end laptops, website, advertising, accounting, and legal. Most people find they are close to $100,000. Prepaying those expenses converts idle cash into a documented investment and leaves the business with almost no monthly overhead for the first 17 to 18 months.
No. The E-2 never converts into a green card on its own, but it can be renewed indefinitely while you keep meeting the requirements, and your spouse stays in E-2 status with you (and can work in the US). The flip side: if you sell or wind down the business, the E-2 ends.
Yes. Mexico is an E-2 treaty country, so Mexican citizens meet the nationality requirement automatically. You still need to meet the investment, real-and-operating, non-marginal, and direct-and-develop requirements.
There is no fixed statutory minimum. The investment must be substantial and proportional to your business. As a practical guideline, most successful cases involve at least $100,000 to $150,000.
Yes. Gifts, inheritances, savings, and property-sale proceeds all work. Loans work only when they are secured by your personal income or assets, not by the US business.
There is no fixed number. Generally, employ at least one US citizen or green card holder at filing, then show a realistic five-year hiring plan.
No, but it renews indefinitely as long as the business keeps qualifying. Your spouse stays in E-2 status with you.
Yes. Rupert Law works with Mexican clients in both English and Spanish. The immigration business plan and application materials are prepared in English, since that is what consular officers review.
Ready to find out whether you qualify? Contact us or complete the short questionnaire below.
Contact Rupert Law
"*" indicates required fields
Rupert Law. Angie Rupert is located in Los Angeles County.